Tag Archives: Judge T.S. Ellis III

School Board provided required education to minor

A hearing officer’s conclusion that the Loudoun County School Board provided a 9-year-old student with a free appropriate public education, or FAPE, required by the Individuals with Disabilities Education Act, or IDEA, was not erroneous. Background Plaintiffs Kewin and Elizabeth ...

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ERISA preempts suit over pension withdrawal liability

The Employee Retirement Income Security Act of 1974 preempts a suit contesting a multimillion-dollar withdrawal liability owed to the trade association that offers the pension plan because the claims challenge the plan’s terms as violative of ERISA. The plaintiffs could ...

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Patent Office’s alleged hostile conduct not based on race or age

Where there was no evidence that any of the United States Patent and Trademark Office’s alleged conduct was based on an employee’s race or age, the agency  prevailed on the hostile work environment claim. Where the employee was not satisfying ...

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Alleged retaliation by Army is a jury question

Although a former Army employee did not administratively exhaust her constructive discharge claim and the Army prevailed on claims for discrimination and disparate treatment based on gender, disability bias and failure to accommodate, a jury will decide if the Army ...

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PTSD plaintiff fails to allege bias, hostile work environment

Where an employee’s complaint did not allege facts showing her race or gender were reasons for her employer’s actions, that she experienced a hostile work environment or suffered an adverse employment action, her claims were dismissed, albeit with leave to ...

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